19R3255_RFP.pdf

25 April 2019

This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office

MARKET SURVEYS, RFP’S, AMENDMENTS AND CONTRACT AWARDS WILL BE

POSTED TO THE FEDBIZOPPS WEBSITE (ONLY) UNTIL FUTHER NOTICE.

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST

Subj: RFP N32205-19-R-3255

Ref: (a) SF 1449

(b) MSC TANKTIME 2013 Rev 1 (10-13)

This acquisition is being conducted under FAR 13.5 Simplified Procedures for Certain Commercial

Items

MSC Strategic Sealift Program Support Office, Code N103A, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference

(available on the MSC web site at http://www.msc.navy.mil, under “Contracts,” then “Proforma,” or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

Note: EACH OWNER/OFFEROR SHALL SUBMIT ONLY ONE VESSEL. SUBSTITUTIONS

FOR VESSELS WILL BE ALLOWED UP UNTIL SUBMISSION OF FINAL PROPOSALS IF

COMMUNICATIONS ARE HELD AND FINAL PROPOSALS ARE REQUESTED (SEE

TANKTIME PART X(g)).

http://www.fbo.gov/ http://www.msc.navy.mil/

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-19-R-3255

6. Solicitation Issue Date: 25 April 2019

7. For Solicitation Information: Nic Hatcher; eric.n.hatcher@navy.mil; 757-443-2689

8. Offer Due Date: 29 April 2019, at 1000 Eastern Time

9. Issued By: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP-64, Naval Station

Norfolk, Norfolk, VA 23511-2419 (Code: N32205)

10. This Acquisition is: UNRESTRICTED; NAICS Code: 483111

14. Method of Solicitation: RFP

18a. Payment will be made by: SEE Part VIII (6) WAWF Submit electronic invoices IAW

WAWF contract clause, MSC Worldwide DC ANY (MAY 2013).

18b. Submit invoices to: SEE Part VIII (7) MSC WIDE AREA WORKFLOW (WAWF)

INSTRUCTIONS (AUG 2012)

27a. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 Alt I, and

52.212-5 are attached.

PART I - TANKTIME BOXES:

1. VESSEL(S) REQUIRED:

MSC requires one, clean, approved, U.S. or foreign-flagged, double-hull tanker, with an Inert Gas

System (IGS) and Segregated Ballast Tanks (SBTs), capable of carrying a minimum of 240,000 bbls of clean petroleum products (intentions F76) within the vessel’s natural segregation in designated cargo tanks with double-valve isolation. Specific vessel requirements are:

a) There is a classified requirement in conjunction with this RFP that may eliminate offerors.

Offerors who are affected will be given the opportunity during discussions to read/address this requirement provided that affected offerors have appropriate security clearances in place.

Offerors not affected will not have a need to know about the requirement regardless of appropriate security clearances being in place.

b) Under the Cargo Preference Act of 1904, preference will be given to U.S. Flag Vessels

c) Vessel must be a party to the SIRE System and provide a current Q-88 with offer.

d) Q-88 must detail current acceptances and dates of inspection. There shall be at least one SIRE inspection not more than six months prior to the commencement of laydays under this charter;

offerors shall confirm that such inspections were satisfactory.

e) Owners must provide list of approvals that include the inspection dates and expiry dates.

f) Vessel’s age shall be less than 20 years for the duration of the charter; vessels that will exceed

15 years during the charter period must be enrolled in their classification society’s Condition

Assessment Program (CAP) and be rated CAP 2 or better.

g) Vessel shall not exceed a maximum LOA of 200.25 meters.

mailto:eric.n.hatcher@navy.mil

h) Vessel shall not exceed a maximum DWT 42,000 MT (remeasurement allowed at owner’s expense).

i) Vessel shall not exceed a maximum loading arm height of 8.2 meters.

j) Vessel shall have segregated ballast tanks (SBTs).

k) Vessel shall have an inert gas system (IGS).

l) Vessel shall have a current class society-issued Safety Management Certificate (SMC).

m) Vessel shall have a current International Ship Security Certificate (ISSC).

n) Owner must provide vessel itinerary from offer submission to arrival laydays at load port

o) Owner must provide vessel stowage plan demonstrating vessel’s ability to load minimum

240,000 bbls F76 not to exceed a laden draft of 10.9 meters.

p) Owner must provide vessel stowage plan demonstrating vessel’s ability to load minimum

125,000 bbls F76 not to exceed a laden draft of 10.4 meters.

q) Vessel shall arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by Quality Assurance Representative (QAR). Any adjacent tanks shall also be clean and gas-free. Contractor shall provide (for Owner's account) a certified marine chemist to certify the tanks are safe for entry for internal tank inspection by Government representative. Certified marine chemist shall enter all cargo tanks in advance of the QAR and perform a full four-corner entry inspection. The certified marine chemist’s inspection shall include all tank pockets identified by the QAR to the satisfaction of the QAR. If either of the prior two cargos contained a percentage of benzene, the owner’s certified marine chemist shall arrive equipped with the ability to measure toxicity for benzene content. All safe for entry, toxicity, and flammability assessments shall be performed in the presence of the inspecting QAR. Contractor shall provide time needed to re-inert after inspection.

r) Vessel must have the ability to hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection. All cargo tanks must be free of loose rust, previous cargo residues and films (including dyes), significant salt deposits and other impediments that could impact the quality of the cargo to be loaded.

s) Owner must provide, if vessel cargo tanks have heating coils, coil type or composition (such as stainless steel, copper, etc.).

t) If vessel cargo tanks have heating coils, owner must provide the date heating coils were last pressure tested and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this charter. Vessel tanks with copper or yellow metal compounds are not acceptable for Jet Fuel cargoes.

u) Owner must provide the tank coating type (epoxy, inorganic zinc, etc.). Coatings that are incompatible with the fuel to be carried will be rejected.

v) Owner must provide copies of Certificates of Quality for last three cargoes. These Certificates shall contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality shall contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of “typical” are not acceptable.

Additionally, the following are required for the specific products mentioned:

1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or

“mass percent”, or Doctor Test (ASTMD 4952). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.

2. Gasoline (Motor or Aviation): It must be stated whether the previous product was

“leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

w) Vessel’s last three cargoes carried shall be Fatty Acid Methyl Esters (FAME) free. If tanks did contain FAME, vessel’s cargo tanks shall be cleaned and conditioned in accordance with the guidance in the Energy Institute’s HM50 instruction prior to delivery.

x) Vessel shall be able to take all-level (e.g., upper, middle, lower, and bottom) samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank-by-tank basis, consistent with safety and local terminal regulations.

y) Owner must confirm Vessel’s minimum SOA of 13 knots in moderate weather (Force 5).

z) Vessel shall meet all MSC reporting requirements. Vessel shall provide position/status reports in-port and at-sea every six hours daily at 0000, 0600, 1200, and 1800 hours local

Washington, D.C. time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hours pre-arrival notifications for all ports to Area Command and COMSC PM35. Reports shall be sent to the following email addresses:

1) WILLIAM.A.ANDREWS@FE.NAVY.MIL

2) REYNALDO.MACAWILI@FE.NAVY.MIL

3) MSCHQ.BWC.FTC@NAVY.MIL

4) COMSC.TANKERS@NAVY.MIL

5) DESC-BIT@DLA.MIL

6) MUNENORI.ENDOH.JA@FE.NAVY.MIL

7) MSCSSUJAPANOPSGROUP@FE.NAVY.MIL

8) M-KO-MSC-OPS@FE.NAVY.MIL

aa) Vessel shall be required submit a MONTHLY VOYAGE ABSTRACT form on a monthly basis and emailed to COMSC.TANKERS@NAVY.MIL no later than the 1st day of the month following the month of performance. For time charters that complete prior to the end of the month, the report shall be received no later than two calendar days after completion of mailto:COMSC.TANKERS@NAVY.MIL charter (off-hire). Entries shall start with the date the ship presents NOR and is accepted on hire. All columns shall be completed as noted. Pull down menus for columns C, X and Y are the only comments to be used. Built in macros/formulas shall not to be altered.

2. PLACE/RANGE OF DELIVERY:

Western Pacific / Sea of Japan, Range and Port in CHOP (Intentions Onsan, Republic of Korea)

3. PLACE/RANGE OF REDELIVERY:

Western Pacific / Sea of Japan, Range and Port in CHOP (Intentions Yokohama, Japan)

4. CHARTER PERIOD:

About 12 days.

5. LAYDAYS:

Commencing: 04 May 2019

Cancelling: 06 May 2019

6. TERMS/CONDITIONS/ATTACHMENTS ADDED, DELETED OR MODIFIED:

ADD: Request offerors identify those ports in which they have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

ADD: Owner agrees as a condition of this contract that the vessel will not proceed to Gibraltar for any purpose for its next port call after departing a Spanish port, even if the vessel is off-hire or if the charter has concluded and the ship was redelivered to the owner in Spain. Owner also agrees as a condition of this contract that the vessel will not proceed to Spain for any purpose for its next port call after departing Gibraltar, even if the vessel is off-hire or if the charter has concluded and the ship was redelivered to the owner in Gibraltar.

Part I, Boxes 14-16 – revised in their entirety to read as follows:

FOS

Base: 12 days $

AMEND PART IV(g) (4) – Add the following to the end of the paragraph: “All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the Owner provides written notice of the same to the Contracting Officer.”

DELETE PART IV(an) CREW LIST

Full text of clauses may be accessed electronically through this/these address(es):

http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009).

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

(30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-

41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct

2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

XX (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

XX (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

Contracting Officer check as appropriate.

XX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter

67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) http://www.acquisition.gov/far/current/html/52_212_213.html

AMEND PART VIII(c)(2): FAR 52.217-8 Option To Extend Services (Nov 1999) - CHECKED

AMEND PART VIII(c)(3): FAR 52.217-9 Option to extend the term of the contract (MAR 2000) –

CHECKED

http://www.acquisition.gov/far/current/html/52_212_213.html

ADD PART VIII(b)(21): FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act)

(JUL 2014) – CHECKED

AMEND PART VIII(b)(2): FAR 52.232-18 Availability of Funds (APR 1984) – CHECKED

ADD PART VIII(b)(22): FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

– CHECKED

ADD PART VIII(b)(23): FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Dec 2013) – CHECKED

AMEND PART VIII (b)(12): TO READ: DFARS 252.215-7008 Only One Offer (OCT 2013) –

AMEND PART VIII (b)(13): TO READ: DFARS 252.223-7002 Safety Precautions For

Ammunition And Explosives (MAY 1994) – NOT CHECKED

ADD PART VIII(b)(24) DFARS 252.203-7996 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) (OCT 2015) –

ADD PART VIII (b)(25): DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical

Information (NOV 2013) – CHECKED

ADD PART VIII(b)(26): DFARS 252.222-7007, Representation Regarding Combating Trafficking

In Persons (JAN 2015) – CHECKED

ADD PART VIII(b)(27): DFARS 252.223-7003 Change In Place Of Performance – Ammunition

And Explosives (DEC 1991) – NOT CHECKED

ADD PART VIII(b)(28): DFARS 252.225-7993 DFARS Prohibition on Providing Funds to the

Enemy (Deviation 2015-O0016) (SEP 2015) – CHECKED

ADD PART VIII(b)(29): DFARS 252.225-7981 Additional Access to Contractor and Subcontractor

Records (Other than USCENTCOM) (Deviation 2015-O0016) (SEP 2015) – CHECKED

ADD PART VIII(b)(30) DFARS 252.247-7022 REPRESENTATION OF TRANSPORTATION BY

SEA (AUG 1992) – CHECKED

ADD PART VIII(b)(31) DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA-

BASIC (APR 2014) – CHECKED

ADD PART VIII(b)(32) DFARS 252.247-7027 RIDING GANG MEMBER REQUIREMENTS

(OCT 2011) – CHECKED

DELETE PART VIII (c)(1) in its entirety and REPLACE WITH:

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2016) - CHECKED

(a) Definitions. As used in this provision-

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM) database" means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the

EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record "Active".

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the

Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

PART IX ATTACHMENTS – TANKER TIME CHARTER

(e) TANKTIME Fuel Consumption Template

AMEND PART X TO READ: FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jan

2017)

AMEND PART X(b)(4) first sentence to to read: "A technical description of the items being offered in sufficient detail to evaluate compliance with (or acknowledgement of, as appropriate) the requirements of the solicitation.”

DELETE PART X (b)(10) in its entirety.

ADD the following sentence to the end PART X(b)(18):

(x) Completed Fuel Consumption spreadsheet

AMEND X(c) TO READ: “Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the

Government makes award under this solicitation. The forgoing does not preclude an offeror from withdrawing its offer prior to award.”

DELETE PART X(j) AND REPLACE WITH: Unique Entity Identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity

Identifier” followed by the unique entity identifier that identifies the Offeror's name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a

Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

AMEND PART X(m), delete the address after first paragraph and replace with the following:

Director, Contracts & Business management Directorate, Code N10, Military Sealift Command

471 East C Street, Bldg. SP-64

Naval Station Norfolk

Norfolk,VA 23511

AMEND PART X(n) first sentence in paragraph to read: This procurement is a FAR Part 12 acquisition being conducted under FAR 13.5 Simplified Procedures for Certain Commercial Items.

AMEND PART XI(a) first sentence in paragraph (a) to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror

(See Note (1) below) whose technically acceptable proposal represents the lowest price to the

Government.

NOTE (1): It is emphasized that as an integral part of the award selection a responsibility determination of the offeror will be made in accordance with FAR Part 9.104. Within this determination, the Government will only consider an offeror responsible if it presents a viable, continued capacity to fully provide the contracted services in accordance with the charter, regardless of operating conditions (e.g., conflict or contingency operations). This will be determined using the factors shown in FAR Part 9.104, to include: 1) experience, 2) operational controls, 3) technical skills, 4) satisfactory past performance record, and 5) ability to comply with required delivery schedule.

AMEND PART XI(b) Amend to read as follows:

In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical

Price

In compliance with Cargo Preference, the Contracting Officer may elect to only evaluate U.S. flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

AMEND PART XI(d); Delete in it entirety.

AMEND PART XI(e) a. to read as follows:

The Offeror’s price proposal will be evaluated based on the value of the charter hire rates offered for the entire charter period, cost of fuel, and any other costs set forth in the offer. For evaluation purposes the period of performance will consist of the number of days specified in the individual solicitation. Fuel calculations will be based upon (A) 04 days underway laden at the speed specified in the individual solicitation (TANKTIME Box 87,89) (B) 00 days underway ballast at the speed specified in the individual solicitation (TANKTIME Box 88), (C) 05 days in port idle/loading

(TANKTIME Box 92a) and (D) 03 days in port discharging (TANKTIME Box 92b). This will represent the overall cost to the Government.

AMEND PART XI(e) b with the following:

(1) MGO/MDO per metric ton $971.11

(2) IFO-180 per metric ton $616.71

(3) IFO-380 per metric ton $611.23

AMEND: XI(e), TANKTIME Box 92a to read as follows: “(number of) days in port idle/loading

(TANKTIME Box 92a)”.

PART XII: AMEND TO READ: FAR 52.212-3 Offeror Representations and Certifications –

Commercial Items, (Nov 2017) Alternate 1 (Oct 2014)

B. Call out Part X, INSTRUCTIONS TO OFFERORS Offerors shall comply with all parts of the solicitation. However, the government is notifying all offerors the following items are frequently missed so offerors should be especially cautious to not exclude them:

1. Information pursuant to Reference (b), MSC TANKTIME 2013 Rev 1 (10-13) TANKTIME

BOXES pages I-1 through I-7, as applicable.

2. Proposals must be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version.

3. Proposals must contain either a verifiable electronic signature (e.g. PKI enable certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's agent.

4. Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late.

5. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes.

6. Completed FAR 52.212-3 (Oct 2018) and Alternate 1 Representations and Certifications (Oct

2014).

7. Completed FAR 52.209-7 – Information Regarding Responsibility Matters (Jul 2013).

8. Completed FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent

Tax Liability or a Felony Conviction Under any Federal Law (Feb 2016).

9. Offeror’s signature.

10. Acknowledgement of all terms and conditions of the RFP and MSC TANKTIME

PROFORMA 2013 Rev 1 (10-13).

11. Owner’s full style email address and point of contact to be used in conjunction with the

Government’s web-based post-contract performance information system, Contractor

Performance Assessment Reporting System (CPARS). Instructions to be provided post-award.

12. Charter hire rate and an explanation of any bonuses proposed.

13. Completed fuel consumption spread sheet (in metric tons).

14. Signature of offeror or authorized agent.

15. Name, address, and telephone number of offeror.

16. Information pursuant to Part I boxes, Parts XII, XIII Representations, and Certifications

17. Evidence of International Safety Management (ISM) and International Shipboard Port

Security (ISPS) compliance.

18. INMARSAT #

19. Call Sign

20. IMO#

21. Vessel year

22. Vessel flag

23. Proposed laydays

Note: Failure to submit all required information as requested could result in your offer not being considered for award.

SIGNED: KENNETH ALLEN, CONTRACTING OFFICER, MSC, N103A